FERRY SERVICE CLAIM
ALLEGED BREACH OF I BOND NOMINAL DAMAGES AWARDED,. ■ ' : yrasc giyen by Mr, Justice Neither oft inthe Supreme Court yes-' "on' 'the claim against Walter.: William ; Toy, : of Diamo^nd/H^rfepw^MrE.l C.; Champion), of f£sob.‘ aa a penalV by the Lyttelton Fetry Launches, (Mr„ Wright atm Mr A.', N. Mackay), who aUeged-that the’ defendant had broken a . bond, made 10. years .ago-, 1 when? the plaintiffs had bought vhis';launcb; .hot to engage in ferry servlcestround?the harbour for 10 years.,,> 1 X "‘k ' The to show that Toy made no “paymentaj'/ln ■ connexion with the -launch■ after, tbe date the' bond had. beenlmade'pp * June/12; ’.. 1929. ■' i > , v Counsel'subroitted-tbatthere/was'ho ‘ breach 'of, the /agreement in ; the - Diamond gun after.'thei bondhadvexpired./i Also ’! there waS/nb/.proof of tthe-.da!mage!m the isolated rims 'Leyy,v;whlbh. ! was not. considered rto/bej parts, of :, the harbp^^//l^ere,h'adypeen; ; vague: observations the trips<-the• defendant hadi hlade, butv it, badV;nqt;>been - that-?ther& was? fmy;. actual ;ClaSdr* ; Fort placing/a;nar-, ' xow onithe . WrighTsaldlJt-iwai clpary.that *thatser* vice . strictisd' tperiwl : i' 4 Whs - ? waaxa,;dlsrihct ■■breach. " Summing|'UP,'/hla /Honour; saM.Jhat , the-.. \date;-wasvir)?ele-vantAsthetrahsaotlon was 10 yearspld; A.i t .y>: vj? '.’-I;
fdre ; constrained' to act on .the-recital: 5' of, the parties, and hold the date being from June 12, 1929: “There has been a senes, of. comparatively unimportant breaches of tne bond,” said-/his Jut. nothing from which I am entitled to infer tha . the - work done by Toy would. flav 1 gone to the plaintiffs, or 4 as to the , amount of profit they would have made. The plaintiffs have suffered, by the intervention of Toy in getting the Lyttelton Borough Council-con , tract for the Diamond Harbour service, but it- was entirely permissible . De- - cause that contract did not begin August, and I do not; flunk the M®.-,. is attributable to the action of fendant. - Instead, of awarding wg. penal-sum, I think it is, my dutyi enter judgment for nominal uamngw . amounting, to :
Permanent link to this item
https://paperspast.natlib.govt.nz/newspapers/CHP19390823.2.105
Bibliographic details
Press, Volume LXXV, Issue 22796, 23 August 1939, Page 14
Word Count
308FERRY SERVICE CLAIM Press, Volume LXXV, Issue 22796, 23 August 1939, Page 14
Using This Item
Stuff Ltd is the copyright owner for the Press. You can reproduce in-copyright material from this newspaper for non-commercial use under a Creative Commons BY-NC-SA 3.0 New Zealand licence. This newspaper is not available for commercial use without the consent of Stuff Ltd. For advice on reproduction of out-of-copyright material from this newspaper, please refer to the Copyright guide.
Acknowledgements
This newspaper was digitised in partnership with Christchurch City Libraries.